Mohan Mahadev Tanksale And ORS. v. Shri. Madan Mahadev Tanksale And ANR.

Prodn-503-SA-8772016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.877 OF 2016 WITH CIVIL APPLICATION NO.1729 OF 2016 Mohan Mahadev Tanksale & Ors.

... Appellants Vs Madan Mahadev Tanksale & Ors.

... Respondents ...

Mr. Sushant S. Prabhune for the Appellants.

Mr. Manoj M. Badgujar for the Respondent No.1. CORAM : SANDEEP K. SHINDE J.

DATE : 27 FEBRUARY, 2019 P.C. :

Not on board. Taken on board.

Plaintiffs' suit for injunction was partly allowed by the learned trial Judge. That decree of trial Court was carried in Regular Civil Appeal No.78 of 2011. The appeal was dismissed against which this Second Appeal is preferred. Respondent No.2 (Defendant No.2) had filed an application in Regular Civil Appeal No.78 of 2011 below Exhibit 28 and prayed that appeal may be allowed and decree of injunction may be drawn in favour of the appellants (Original Shivgan 1/2

Prodn-503-SA-8772016.odt Plaintiffs). Certified copy of the application below Exhibit 28 is filed on record.

Parties to the appeal have settled the disputes and arrived at settlement on certain terms and conditions which they reduce into writing on 27th February, 2019. Consent Terms are thus, taken on record and marked 'X' for Identification. Appellant Nos.1 to 3 admitted contents of the Consent Terms. Respondent No.1 also admits contents of the Consent Terms. Parties are identified by their advocates.

In view of this, appeal is allowed in terms of the Consent Terms and disposed of accordingly. Decree be drawn up accordingly. Civil Application is disposed of accordingly. (SANDEEP K. SHINDE, J.) Shivgan 2/2